1. Pick one question and an write an essay.
Which ideology is most and least expressed in American law? Which ideologies are in conflict or cooperation? How is the Constitutional importance of property related to crime in America? How has the Supreme Court led economics through the law? How do the political parties differ in their view of law and economics? How is the Constitution relevant to our discussion of law and society? What are the values that make criminal justice procedurally liberal? Would America pass the Constitutional criminal rights amendments today? Should Oakland deploy “Stop and Frisk? Should “Stop and Frisk” be held Constitutional? Is “Stop and Frisk” a portion of why crime in NY is low and the absence of such policy why crime in Oakland is high?
2. Give two criticisms or questions on any of the ideologies, or related subjects.
Video Presentation: The Constitution.
Constitution of the United States,
http://constitutionus.com/
http://www.ushistory.org/us/7c.asp
Ideologies active and important to understanding law in America today, six plus one:
Liberalism, this is the most traditional American ideology. It is the dominant values set of the founding fathers, particularly Benjamin Franklin and Thomas Jefferson. It is the promise that good government must be non-oppressive. In particular the Constitutional promises against rule by a police state are a strongly held liberal value. In the 1960s under the leadership of Chief Justice Earl Warren the judiciary applied these rights and found criminal justice as practiced in America to be unconstitutional. California is under liberal order to reduce its level of rule through prison today. Modern liberals believe that just as government, police and ruling churches needed to have their power regulated from the founding of the republic, so too in the modern era corporations and wealth need regulation.
Conservatism, this is the most traditional of world ideologies. It is the view that order is only achieved through effective government using police power and punishment. Strength of government, both police and military, are used to combat dangers domestic and foreign. President Ronald Reagan revived Conservative values regarding criminal justice to fight an immerging crime wave and to crush opposition culture. Conservative values led California to fight crime with mass incarceration.
Progressive, this movement argues that the morally right way to fight crime is to increase the quality of life of the underclass through deployment of benevolent governments. They propose public health, public housing, public education, welfare etc. Democrats have continued the move toward progressive government with the Affordable Care Act (Obama care).
Capitalist, this is the movement that argues the America’s prosperity it the direct result of an economy based on business and enterprise. The Federalists in the early era of the republic, and the Republican Party espouse capitalist values. They see progressive government as the enemy of enterprise. They think an economy that rewards hard work and good choices is important just as letting the poor feel the punishment of bad choices is part of how America moves forward. They blame public welfare as causing a breakdown of values. They believe capitalism instills values and creates a more prosperous nation. They want government to uphold the rule of law while only lightly regulating commerce.
Libertarian, this view holds that adults have the right to make their own choices. It does not want to see government controlling personal behavior. They accept reasonable government oversight to establish markets and rules so as to take the social harm out of the personal choice. Libertarians argue that prohibitions are always a public policy error. They would like to see fewer rules and less punishment in general.
Fundamentalist, this view holds that we know God’s position on public policy and must deploy police to suppress sin. They want to see government prohibition of drugs, abortion, homosexuality, prostitution, pornography etc. The Founding Fathers thought fundamentalism was passed its era, but it has revived both in the United States and in the Middle East. Fundamentalists believe in an expansive criminal code focused on mala prohibit a crimes.
Plus Opposition Culture, this is the view of people living in the country who do not wish to be a part of the country. The Bay Area, particularly Oakland is a concentration of opposition culture. The strength of opposition culture in Oakland is a piece of why police work there is so challenging. This ideology is not strong nationally, but has a high presence in Berkeley, Oakland and San Francisco. It is a portion of understanding how a city as actually wealthy as Oakland fails to combat crime.
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